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getting divorced outside india is my wife entitled for indian property
17-Jan-2023 (In Divorce Law)
I am an NRI and currently separated as per local laws in that country. Divorce will happen in 2018. She has claimed asset division in that country which is all ok. However the law does not have jurisdiction on Indian immoveable property that is in my name. She is working and I am paying child support in taht country. Does she have a claim and entitlement in india against the immovable property which is solely in my name.
She can claim your property share in India. Although she is working but she can claim her share in the property by filing suit against you where the property is situated even she can claim for maintainable in Indian court against you.
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As per your query, she may not be able to claim assets in India as she has accepted the local laws of that country for getting divorced. However, i need more detail to be able to guide you better on the related/prospective issues.
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Adv. Gaurav Pathak
Chandigarh | 100+ Answers
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There is flaw in Indian law. If marriage is under HMA then marriage still subsists even after divorce by foreign law in India Therefore if she again claim anything according Indian law she will be entitled. But if marriage is according foreign law then it's ok.
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Adv. Jagdish Singh Mahal
Chandigarh | 25+ Answers
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Sir first of all a clarification I need is that whether the marriage was solemnised in India and registers in india or abroad only? There are both sides of this query depends on facts and circumstances.
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Adv. Sunny Deep Joneja
Chandigarh | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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